Liens

Yes under contract law a subcontractor can sue for breach of contract.

However subcontractors should become familiar with the state's construction or mechanics lien laws which grants them the right to lien the property to secure payment. Many states have preliminary or warning notices that must be served on the property owner(s), lender(s) and primary contractor within a specified period in order to secure lien rights. Do NOT lien a property without valid lien rights since you risk a multitude of retaliatory lawsuits.

You contact Transamerica at their offices. They will be able to provide a copy of the release letter.

No, Unsecured is exactly That Unsecured by any collateral. Now the process is that after they write off the debt a collection agency can take you to court and if they win a default judgment , BOW they can proceed to garnish wages, seize assets and so forth. But a lien on the property would come first.

The main goal is to prevent a judgment from happening in the first place. Get legal assistance or work something out with the collectors.

The answer is No and collection companies are 3rd party vendors that have no legal right to a judgment or a lien. I agree with the above beginning and end but nothing in the middle. There are other options with unsecured cards. Cindym

IF you will be filing WITH an attorney, the attorney will do the filing. ler her/him do their job.

Not necessarily. A lien is for a debt which is secured by the property. It might be for a loan the owner got, or it might be for work done by a contractor who wasn't paid (mechanic's lien). If the debt is in default, then the property might be subject to being sold to raise money to cover the debt (the property owner would keep any proceeds over the amount of the lien). Or, the lien may simply lie dormant until the owner wants to sell, and hinder the sale until it is satisfied.

In Texas, if the home is your Homestead. It cannot be taken from you whether or not you have a lien unless that lien is a Mortgage lien or property tax lien. If it is a Mechanic's Lien, meaning that there was work done on the property and the debt is unpaid, that person may file a lien of the property. In this case, if and only if you are selling the property, must the lien be satisfied. In some cases the person who performed work on the property my sue for the balance which may result in your having to sell the property to satisfy the lien. When you close on the property at a Title Company, all liens are paid before clear title can be transferred.

In either of the aforementioned scenarios the lien will be satisfied.

In general, the homestead of an individual is safe from any creditor unless it is for mortgage default or for failure to property taxes of any kind which in some cases also includes Home Owner Association dues.

Living Areas: Living Room, Family Room, Formal Living Room, Kitchen, Pantry, Nook, Dining Room, Formal Dining, Den. Personal Rooms: Master Bedroom/Suite, Closet, Walk-In Closet, Dressing Room, Bedroom, Nursery, Guest Bedroom, Guest Suite, Mother-In-Law Quarters. Bath Rooms: Master Bath Room, Bath Room, Walk-In Shower, Sauna, Three-Quarter Bath, Half-Bath, Powder Room. Accessory/Entertainment: Entry, Mud Room, Sitting Room, Coat Closet, Utility Room, Laundry Room, Sewing Room, Storage Room, Mechanical Room, Garage, RV Garage, Work Shop, Home Gym, Home Office, Study, Library, Drawing Room, Reading Room, Retreat, Den, Parlor, Game Room, Play Room, Media Room, Wet Bar, Butler's/Maid's Quarters, Butler's Kitchen, Butler's Pantry, Wine Cellar, Atrium, Lounge, Gallery, Kitchenette, Attic, Basement, Indoor Pool, Indoor Spa, Stair Tower, Prayer Room. Exterior Areas: Courtyard, Patio, Porch, Deck, Garden, Outdoor Kitchen, Outdoor Bar, Outdoor Nook, Gazebo, Green House, Tool Shed, Pool, Spa, Fire Pit, Private Garden, Lawn, Bar-B-Que.

A bank lien is usually for a short period of time, but that is only because it instructs the bank to turn the money over to the lienholder within a certain short period of time, usually 30 days. This gives the owner time to go to court to try to get the lien removed. At the end of this short period of time or if the court disagrees with the owner's reason for not turning it over, the bank will send the money to the lienholder.

The truck was sold by the bank at auction, they then sent us a bill for $5,600.00!!!! This was the balnce of the loan apparently, **NO this is the balance due AFTER deducting what it sold for at auction.and they auctioned the truck for far below it's worth.**REALLY, how much is /was it worth? It was sold at WHOLESALE price. Not retail.We are now receiving harassing phone calls from the bank and their collections dept. ( I am shocked at the unprofessionalism of these calls!)

what can be done to alleviate all of this? PAY the amount due.We don't have $5600.00 to give them for a truck we don't even have?! You had it and didnt seem to want it but that's NOT the issue. The issue is that you/he agreed to pay X number of dollars for X number of months. YOu/he didnt pay that and now the lender is going to collect the money due. They will sue you, get a judgment, and collect. Good Luck.

No, not in Oklahoma anyways.

It sounds good but think about it. Do you think lenders will loan money knowing if the debtor defaults, they cant get any money from the loan? Check this link... http://www.scbar.org/public/probono.asp

The definition of creditor harrassment is rather broad and therefore difficult to substantiate. A creditor can keep in contact with the party involved, even though a lien has been executed. A cease and desist letter can be sent to the creditor(s) to halt any further communication.

They are essentially the same thing. Some states call them liens, some call them warrants.

A judgment lien lasts for 20 years in Massachusetts. However, when recorded in the land records so as to affect real estate the lien must be rerecorded every six years in order to remain effective against the real estate.

They can contact her but they can't collect unless she co-signed.

Just another illustration of why having an estate probated is a good idea! Actually, the collection agency can petition to commence a probate proceeding, and collect from the estate.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Not without due process of law, which means filing a lawsuit, winning, applying for a writ of judgment and executing the judgment as a lien against a vehicle. Assuming state laws allows it under the circumstances, it would also depend on the vehicle being owned or still under financing.

While you can file one yourself using the statutory forms you get at Office Max or Staples, I don't recommend it. That can cost you thousands of dollars in attorney fees if you make even one error that the other party makes a big deal out of. Hiring an attorney won't cost you anything in the end if Texas law allows you to collect attorney fees if you file a legitimate lien (I believe it does). Contact your local Bar Association to see which attorneys in your area offer free consultations.

When you have a lien it shows on your credit rating, this is because money is owed to someone and not paid, also if you want to sell your house the lien would have to be paid off first, it also remains on your credit rating for 7 years.

Initially, note that a judgment is not "filed" against you. It is the result of a legal process in which you are found liable for money damages, or in some cases, a civil penalty of some sort. In the case of a civil matter, you are first served with process (a summons and complaint). You are given an opportunity to factually respond to it or argue that that the law does not support the claim. You may also present evidence that the damages sought are unreasonable or unsupportable by the evidence.

A judge or other decision-maker (perhaps a magistrate) then makes a decision by applying the law to the facts. The decision will be either that the Plaintiff (the person asserting the claim) is entitled to some amount of money, or not. If an entitlement is found, a judgment will be entered, and, absent an appeal, will probably be the end of the case. The judgment becomes a public record and, depending upon the state, may become a lien on all property that you own or acquire for a stated number of years. It will likely also show on your credit record and will invariably have a negative impact upon it.

Depending upon various factors, such as whether you are the main support for your household, your earnings may also be garnished. That is, a portion of them may be forcibly taken by the judgment-holder. This requires separate effort by the judgment-holder, but it is conducted within the context of the original case. In a similar way, certain items of property that you own in your own name may be taken by the judgment-holder. Again, this requires a separate proceeding, but it is conducted within the context of the original lawsuit.

Yes, in some cases a judgment creditor may levy funds on a prepaid card. This depends on which state you live in but most states do allow this.

An astute board will step into the revenue stream that the tenant pays to the owner. This is a legal matter and is done with association counsel.

This should have no effect on the tenant, except that the rent check is paid to the association's attorney and not to the owner.

A lien holder cannot take the registration name of your car without your knowledge because that is only possible through Application for a Duplicate Certificate of Title and proof of identification is a must.

Only if the vehicle was used as collateral to secure the loan/debt. If the issue is strictly credit card account default, the bank cannot arbitrarily cease the vehicle. However the bank can file suit against the debtor and if awarded a judgment execute the judgment as a lien against any of the debtor's real or personal property, including a vehicle.

HELLO, MY NAME IS PATTY ,HUSBAND LOUIE A. KEETER HE HAS DONE WORK ON MANY HOMES OVER THE LAST 4 MONTHS AND THE COMPANY CLOSED DOWN AND WE LEARNED THAT WE WILL NOT GET OUR MONEY. PLEASE LET US KNOW WHAT IF ANY THING WE MAY DO. THANK YOU MRS.KEETER